Copyright Resource Center FAQ

What is copyright?

Copyright is a form of protection that is granted by law for original works of
authorship fixed in a tangible medium of expression. Copyright can cover almost
any creative expression including a book, photograph, artwork, writing, or
recording. Your copyright guarantees your right to determine who gets to copy,
re-use, or alter your original work. Your original work is under copyright
protection the moment it is created and fixed in a tangible form that it is
perceptible either directly or with the aid of a machine or device. Most
countries around the world recognize copyright in some capacity. Copyrights can
be held exclusively by the creator of the original work, or shared via license
with another entity, such as a publisher or agency.

Scribd is based in the United States of America and complies with all
applicable United States copyright laws.

“Copyright infringement” is the copying or use of a copyrighted work without
permission of the author or rights holder. Copyright infringement can include
copying all or part of a protected work for any purpose, or repurposing
protected material in a derivative work. Copyright infringement, whether
intentional or accidental, is illegal in most countries. You may be held liable
for monetary damages if you infringe another’s copyright.

"Fair use" is an exception to United States copyright law that allows for the
reproduction of limited portions of a copyrighted works for limited purposes
such as criticism, commentary, parody, news reporting, research and teaching.

The fair use doctrine is very limited. It does not allow you to distribute
copyrighted works in their entirety for non-commercial or educational purposes,
nor does it allow you to redistribute copyrighted works that you have
previously purchased or downloaded for free on another website.

Scribd does not evaluate claims of fair use, and must rely on the direction of
a judge or other appropriate official. You may be liable for monetary damages
if you use copyrighted work in a manner that is determined by a court of law to
not meet the standard of fair use.

“Public domain” refers to creative works whose copyright has expired or been
voluntarily forfeited. Content in the public domain can be copied, altered, or
repurposed by anyone, at any time.

Traditionally, items under copyright enter the public domain after a period of
time. Certain items, such as laws, court documents, and official documents
published by the United States government are always in the public domain.

What are some alternatives to copyright?

The two copyright options available in most countries, full copyright (“all
rights reserved”) and public domain (“no rights reserved”), are often
insufficient to accommodate limited re-use of content in the digital era.
Several alternatives to standard copyright have come about in attempt to
mitigate this problem. The most flexible and well known alternative is Creative
Commons. Creative Commons offers several licenses that allow copyright holders
to offer limited rights to reuse, adapt, or copy copyrighted works under
specific conditions.

Other copyright alternatives, such as copyleft and the GNU Public License, are
in use across the Internet, and may allow you to re-publish certain content on
Scribd. Scribd, however, only supports traditional copyright, Creative Commons,
and public domain for works published on Scribd.

In the United States, no publication or registration is required to secure
copyright. Your original work is copyrighted the very moment that you create
it. Publishing to Scribd confers no special status.

Can I post copyrighted content if it is intended for educational or
non-commercial use?

No. There is no exception under United States copyright law for the
redistribution of complete copyrighted works for educational or noncommercial
purposes. You can be prosecuted, and held financially liable, for copyright
infringement, even if you have not received financial compensation for
distributing copyrighted content.

How can I tell if a document I’ve uploaded infringes someone’s copyright?

Researching the copyright status of a creative work can be difficult and
challenging. While the US copyright office provides a search of its database at
http://www.copyright.gov/records/, the records may not be complete and should
not be considered a definitive source.

The basic rule of thumb is, if you did not create a work yourself and you are
unsure whether it is copyrighted, then do not upload it to Scribd.

How do I report an infringement of my copyright on Scribd?

It is our policy to respond to clear, legally valid notices of alleged
copyright infringement that comply with the criteria established by Digital
Millennium Copyright Act ("DMCA") of 1998. Scribd provides a simple form at
http://scribd.com/report that generates a DMCA notification that is fully
compliant with all applicable laws.

Please note that under Section 512(f) of the DMCA, any person who knowingly
materially misrepresents that material or activity was removed or disabled by
mistake or misidentification may be subject to liability.

How do I dispute a removal of my content due to a DMCA notification?

The process for disputing a DMCA notification is called counter-notification.
Your counter-notification must be a written communication that includes the
following:

A physical or electronic signature of the subscriber.

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which Scribd may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Please note that under Section 512(f) of the DMCA, any person who knowingly
materially misrepresents that material or activity was removed or disabled by
mistake or misidentification may be subject to liability.

Scribd will provide you with a copy of the DMCA notification that led to the
removal of your content upon request.

Who can report copyright infringements?

Under United States law, copyright infringements can be disputed only by the
copyright holder, or a duly-authorized representative of the copyright holder.
Scribd cannot accept notifications from “concerned readers” or other
third-parties. If you suspect that someone else’s copyright is being infringed,
report the alleged infringement directly to the author or publisher. Many
publishers provide special email addresses or areas of their websites for
readers that wish to report alleged infringements.

How can I find out more about copyright?

The United States copyright office and the Library of Congress provide a wealth
of information related to copyrights in the United States at
http://copyright.gov.

Scribd is fully compliant with the DMCA and abides by all copyright-related
laws in the United States. Scribd responds to all copyright-related
notifications within 2 business days. In addition, Scribd has developed BookID,
a highly effective, one-of-a-kind copyright protection system that blocks most
new infringements every day.

I have submitted DMCA notifications in the past. Why do I have to do it
again?

Currently, United States copyright law requires a complete DMCA notification
when reporting alleged copyright infringements to DMCA-compliant websites like
Scribd. While Scribd accepts links to more than one alleged infringement per
notification, each notification must meet all legal requirements for
completion, including:

Links to all alleged infringements

Sworn statements under penalty of perjury

Full legal name and address

The information is past notifications do not apply to possible future
infringements

Can Scribd determine copyright ownership?

No. Scribd is not able to determine what items on Scribd may or may not
infringe copyright. Scribd expediently removes alleged infringements upon
receipt of a valid notification of infringement that meets or exceeds the
criteria detailed in 17 U.S.C. §512(c), also known as the DMCA.

What is BookID?

BookID is an important part of Scribd’s concerted efforts to support the rights
of intellectual property owners. BookID helps authors and publishers protect
intellectual property from infringement and unauthorized use on Scribd.

How does BookID work?

BookID disables access to content that matches reference samples of copyrighted
works that parties have submitted for inclusion in the BookID database. Scribd
also includes reference samples in the BookID database when it removes material
in response to a DMCA notification under 17 U.S.C. § 512(c). Click here to
learn more about the BookID copyright protection system

How is content added to BookID?

Content is added to BookID under the following situations:

The content was removed from Scribd pursuant to a valid DMCA notification

The content was uploaded to Scribd by one of our publishing partners

The content was added to BookID by a verified author or publisher that has been approved to add content to BookID

Is BookID guaranteed to detect all copyright infringements?

No. Like all automated systems, BookID is not perfect, and sometimes misses
copyright infringements. If BookID has not identified an infringment of your
coyright, submit a DMCA notification at http://scribd.com/report.

What do I do if BookID misidentifies my content as infringing?

Occasionally, BookID misidentifies legitimate content as infringing. If you
receive notification that your content has been removed by BookID and you feel
the removal is in error, forward the notice that you received, along with a
brief explanation, to copyright@scribd.com and Scribd’s copyright team will
address the matter within 2 business days.

Does Scribd allow copyright infringements?

No. Copyright infringement is illegal and not permitted on Scribd under any
circumstances.

Does Scribd delete accounts with infringing content?

Yes. Scribd deletes the account of repeat infringers on a three-strikes basis.
Scribd does not accept requests or act on demands to remove suspected
infringers prior to fulfilling the three-strikes threshold.

Why does Scribd allow anyone to upload books?

Scribd understands that some of the most compelling and innovative authors do
not have a publishing deal with a major publisher, and that independent authors
are in need of services that help empower their ability to distribute their
content. While Scribd understands that an “open door” policy occasionally leads
to abuse, including copyright infringement, such uses are in the minority.
Scribd’s services are available to everyone.

What are the consequences of copyright infringement?

Copyright infringement, at the very least, can lead to the removal of your Scribd account and all documents. However, you may still be prosecuted and held liable for monetary damages.

Can I demand the removal of a Scribd member that infringes my content?

No. Scribd does not accept requests or demands to remove suspected
repeat-infringers. Repeat infringers, however, are removed automatically on a
three-strikes basis.

How can I report infringements of other people’s work?

Scribd cannot accept notifications of copyright infringement from concerned
readers or other third parties. If you suspect that someone else’s copyright
is being infringed, report the alleged infringement directly to the author or
publisher. Many publishers provide special email addresses or areas of their
websites for readers that wish to report alleged infringements.

How do I request permission to use content that I find on Scribd?

Scribd’s members retain the rights to the content they upload to Scribd. Scribd
does not serve as a right agent or broker for matters related to permissions
and licensing. All queries regarding the licensing of specific documents should
be directed to the person that uploaded the content to Scribd. Many members
provide contact information on their profile page, but Scribd cannot provide
additional contact information. If you are unable to locate contact
information, then leave a comment on the document itself to notify the
uploader.